Farnsworth v. Terre-Haute, Alton & St. Louis Railroad
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The defendant being alleged and proved to be a corporation could not be a nonresident within the meaning of the attachment law, for the reason that the statute has made separate and express provision for the case of corporations, foreign and domestic. There was no proof tendered that the chief office or place of business of the defendant was not within this state.
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Appeal from St. Louis Circuit Court. The facts sufficiently appear in the opinion of the court. I. The defendant being alleged and proved to be a corporation could not be a nonresident within the meaning of the attachment law, for the reason that the statute has made separate and express provision for the case of corporations, foreign and domestic. There was no proof tendered that the chief office or place of business of the defendant was not within this state. There was no .allegation in the affidavit, under the twenty-second section of the act concerning corporations, that the defendant was…
1Opinion of the CourtNapton, Judge
It must be admitted that the proper construction of our statute concerning attachments as applicable to corporations, taken in connection with the general statute concerning corporations, is not very plain.
*77The defendant in this case was a foreign corporation and had its chief office or place of business within this state ; and the question is, can she be sued by attachment upon an allegation that “the defendant is not a resident of this state.”
The attachment law provides that this writ may be sued out, first, where the defendant is not a resident of this state; and, second, where the…
2Cited by16 opinions
- State Ex Rel. Henning v. WilliamsSupreme Court of Missouri · 1939
- City of St. Louis v. Wiggins Ferry Co.Supreme Court of Missouri · 1867
- McNichol v. United States Mercantile Reporting AgencySupreme Court of Missouri · 1881
- Herryford v. Ætna InsuranceSupreme Court of Missouri · 1868
- Hamilton v. North Pac. S. S. Co.Oregon Supreme Court · 1917
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